First double jeopardy trial given go-ahead

A man cleared 14 years ago of killing a young mother and hiding her body behind a bath panel is set to be the first person re-tried for murder under the new double jeopardy laws.

William "Billy" Dunlop, 42 has faced two trials - in 1991 - for the murder of Julie Hogg, a 22-year-old pizza delivery woman with a two-year-old son. Both juries failed to reach a verdict and he was formally acquitted.

Ken McDonald, the director of public prosecutions, gave his consent yesterday for the case to be referred to the court of appeal for possible re-trial - the first such case since the 800-year-old double jeopardy law, which forbade someone being re-tried for a crime of which they have been acquitted, was scrapped in April.

Ms Hogg's body was found behind bath panelling at her home in Billingham, Teesside, by her mother, Ann Ming, in February 1990, 80 days after she went missing in November 1989. She had been strangled and sexually assaulted.

Mr Dunlop, a labourer who lived a few hundred yards from Julie and had had a brief relationship with her, was charged. But two juries failed to agree a verdict and he was formally cleared in October 1991.

Ms Ming, who won £20,000 damages from Cleveland police in 1993 for their bungled investigation and failure to find her daughter's body, has campaigned tirelessly to have the law changed.

Yesterday, Mr McDonald said: "Having looked at the submissions from the chief crown prosecutor for Cleveland I am satisfied the conditions are met and the crown prosecution service should apply to the appeal court for William Dunlop to be re-tried for the murder of Julie Hogg."

Under the new law, the court of appeal has the power to quash an acquittal and order a re-trial where there is new and compelling evidence to the guilt of the acquitted person and it is in the interests of justice to do so.

The National Crime Faculty has calculated that defendants acquitted of 35 murders might now face re-trial. Among the highest profile cases could be that of the men acquitted of the murder of the black teenager, Stephen Lawrence.

Victims' groups have applauded the new law, hoping it will bring relief for many bereaved families. But some leading lawyers and civil liberties organisations strongly opposed the change in the law. Michael Napier, president of the Law Society, has said the chance of a fair second trial could be seriously jeopardised if the jury is aware the court of appeal has ordered a retrial."

Suresh Grover, chair of the National Civil Rights Movement, formerly the Stephen Lawrence family campaign, has said: "All this would do is give the police two bites at the cherry. As a consequence the investigation might not be as thorough and there are likely to be injustices."